1. In addition to the remedy provided in NRS 40.290 to 40.420, inclusive, when a person who is guilty of forcible entry or forcible detainer fails, after the expiration of a written notice to surrender which was served pursuant to NRS 40.230 or 40.240, to surrender the real property to the owner of the real property or the occupant who is authorized by the owner to be in possession of the real property, the owner or occupant who is authorized by the owner may seek to recover possession of the real property pursuant to this section.
2. The owner of the real property, an authorized representative of the owner or the occupant who is authorized by the owner to be in possession of the real property shall serve the notice to surrender on the unlawful or unauthorized occupant in accordance with the provisions of NRS 40.280.
3. In addition to the requirements set forth in subsection 2 of NRS 40.230 and subsection 2 of NRS 40.240, a written notice to surrender must:
(a) Identify the court that has jurisdiction over the matter.
(b) Advise the unlawful or unauthorized occupant:
(1) Of his or her right to contest the matter by filing, before the court’s close of business on the fourth judicial day following service of the notice to surrender, an affidavit with the court that has jurisdiction over the matter stating the reasons why the unlawful or unauthorized occupant is not guilty of a forcible entry or forcible detainer.
(2) That if the court determines that the unlawful or unauthorized occupant is guilty of a forcible entry or forcible detainer, the court may issue a summary order for removal of the unlawful or unauthorized occupant or an order providing for the nonadmittance of the unlawful or unauthorized occupant, directing the sheriff or constable of the county to remove the unlawful or unauthorized occupant within 24 hours after the sheriff’s or constable’s receipt of the order from the court.
(3) That, except as otherwise provided in this subparagraph, the owner of the real property, an authorized representative of the owner or the occupant who is authorized by the owner of the real property to be in possession of the real property shall provide safe storage of any personal property of the unlawful or unauthorized occupant which remains on the property. The owner, an authorized representative of the owner or the occupant may dispose of any personal property of the unlawful or unauthorized occupant remaining on the real property after 14 calendar days from the execution of an order for removal of the unlawful or unauthorized occupant or the compliance of the unlawful or unauthorized occupant with the notice to surrender, whichever comes first. The unlawful or unauthorized occupant must pay the owner, authorized representative of the owner or occupant for the reasonable and actual costs of inventory, moving and storage of the personal property before the personal property will be released to the unlawful or unauthorized occupant.
4. Upon service of the written notice to surrender pursuant to subsection 3, the unlawful or unauthorized occupant shall:
(a) Before the expiration of the notice, surrender the real property to the owner of the real property, an authorized representative of the owner or the occupant who is authorized by the owner to be in possession of the real property, in which case an affidavit of complaint may not be filed pursuant to subsection 5 and a summary order for removal may not be issued pursuant to subsection 6;
(b) Request that the court stay the execution of a summary order for removal, stating the reasons why such a stay is warranted; or
(c) Contest the matter by filing, before the court’s close of business on the fourth judicial day following service of the notice to surrender, an affidavit with the court that has jurisdiction over the matter stating the reasons that the unlawful or unauthorized occupant is not guilty of a forcible entry or forcible detainer. A file-stamped copy of the affidavit must be served by mail upon the issuer of the notice to surrender.
5. Upon expiration of the written notice to surrender, the owner of the real property, an authorized representative of the owner or the occupant who is authorized by the owner to be in possession of the real property may apply by affidavit of complaint for eviction to the justice court of the township in which the real property is located or the district court of the county in which the real property is located, whichever has jurisdiction over the matter. The affidavit of complaint for eviction must state or contain:
(a) The date on which the unlawful or unauthorized occupant forcibly entered or detained the real property or the date on which the applicant first became aware of the forcible entry or forcible detainer.
(b) A summary of the specific facts detailing how the alleged forcible entry or forcible detainer was or is being committed.
(c) A copy of the written notice to surrender that was served on the unlawful or unauthorized occupant.
(d) Proof of service of the written notice to surrender in compliance with NRS 40.280.
6. Upon the filing of the affidavit of complaint by the owner of the real property, an authorized representative of the owner or the occupant who is authorized by the owner to be in possession of the real property pursuant to subsection 5, the justice court or the district court, as applicable, shall determine the truthfulness and sufficiency of any affidavit or notice provided for in this section. If:
(a) The unlawful or unauthorized occupant has failed to timely file an affidavit contesting the matter pursuant to paragraph (c) of subsection 4 and the court determines that sufficient evidence has been set forth in the affidavit of complaint to demonstrate that a forcible entry or forcible detainer has been committed by the unlawful or unauthorized occupant, the court must issue an order directing the sheriff or constable of the county to remove the unlawful or unauthorized occupant within 24 hours after the sheriff’s or constable’s receipt of the order from the court.
(b) The unlawful or unauthorized occupant has timely filed an affidavit contesting the matter pursuant to paragraph (c) of subsection 4 and the court determines that the affidavit fails to raise an element of a legal defense regarding the alleged forcible entry or forcible detainer, the court may rule on the matter without a hearing. If the court determines that sufficient evidence has been set forth in the affidavit of complaint to demonstrate that a forcible entry or forcible detainer has been committed by the unlawful or unauthorized occupant, the court must issue an order directing the sheriff or constable of the county to remove the unlawful or unauthorized occupant within 24 hours after the sheriff’s or constable’s receipt of the order from the court, unless the court has stayed the execution of the order pursuant to a request pursuant to paragraph (b) of subsection 4.
(c) The unlawful or unauthorized occupant has timely filed an affidavit contesting the matter pursuant to paragraph (c) of subsection 4 and the court determines that the affidavit raises an element of a legal defense regarding the alleged forcible entry or forcible detainer, the court must require the parties to appear at a hearing to determine the truthfulness and sufficiency of the evidence set forth in any affidavit. Such a hearing must be held within 7 judicial days after the filing of the affidavit of complaint.
(d) Upon review of the affidavits of any party or upon hearing, the court determines that:
(1) There is a legal defense as to the alleged forcible entry or forcible detainer, the court must refuse to grant either party any relief and, except as otherwise provided in this subsection, must require that any further proceedings be conducted pursuant to NRS 40.290 to 40.420, inclusive.
(2) The unlawful or unauthorized occupant gained entry or possession of the real property peaceably and as a result of an invalid lease, fraudulent act or misrepresentation by a person without the authority of the owner of the real property, the court may issue a summary order for the removal of the unlawful or unauthorized occupant but also may, within the discretion of the court, stay such order for a period sufficient to allow the unlawful or unauthorized occupant to vacate and remove his or her personal property. This period may not exceed 20 days.
7. The owner of the real property, an authorized representative of the owner or the occupant who is authorized by the owner to be in possession of the real property may, without incurring any civil or criminal liability, dispose of personal property abandoned on the real property by an unlawful or unauthorized occupant who is ordered removed by this section in the following manner:
(a) The owner of the real property, an authorized representative of the owner or the occupant who is authorized by the owner to be in possession of the real property shall reasonably provide for the safe storage of the abandoned personal property for 21 calendar days after the removal of the unlawful or unauthorized occupant or the surrender of the real property in compliance with a written notice to surrender, whichever comes first, and may charge and collect the reasonable and actual costs of inventory, moving and storage before releasing the abandoned personal property to the unlawful or unauthorized occupant or his or her authorized representative rightfully claiming the property within that period. The owner or the occupant is liable to the unlawful or unauthorized occupant only for negligent or wrongful acts in storing the abandoned personal property.
(b) After the expiration of the 21-day period, the owner of the real property, an authorized representative of the owner or the occupant who is authorized by the owner to be in possession of the real property may dispose of the abandoned personal property and recover his or her reasonable costs out of the personal property or the value thereof.
(c) Vehicles must be disposed of in the manner provided in chapter 487 of NRS for abandoned vehicles.
(d) Any dispute relating to the amount of the costs claimed by the owner of the real property, an authorized representative of the owner or the occupant who is authorized by the owner to be in possession of the real property pursuant to paragraph (a) may be resolved by the court pursuant to a motion filed by the unlawful or unauthorized occupant and the payment of the appropriate fees relating to the filing and service of the motion. The motion must be filed within 14 calendar days after the removal of the unlawful or unauthorized occupant or the surrender of the real property in compliance with a written notice to surrender, whichever comes first. Upon the filing of a motion by the unlawful or unauthorized occupant pursuant to this paragraph, the court shall schedule a hearing on the motion. The hearing must be held within 10 judicial days after the filing of the motion. The court shall affix the date of the hearing to the motion and mail a copy to the owner, an authorized representative of the owner or the occupant at the address on file with the court.
(Added to NRS by 2015, 3113)
Structure Nevada Revised Statutes
Chapter 40 - Actions and Proceedings in Particular Cases Concerning Property
NRS 40.002 - "Federal worker" defined.
NRS 40.0025 - "Household member" defined.
NRS 40.003 - "Qualified Indian tribe" defined.
NRS 40.0035 - "Shutdown" defined.
NRS 40.004 - "State worker" defined.
NRS 40.0045 - "Tribal worker" defined.
NRS 40.005 - Zoning requirements to be considered by court.
NRS 40.010 - Actions may be brought against adverse claimants.
NRS 40.020 - Plaintiff not entitled to costs on default judgment or disclaimer.
NRS 40.040 - Value of permanent improvements to be allowed as setoff.
NRS 40.050 - Mortgage not deemed conveyance.
NRS 40.060 - Court may enjoin injury to property during foreclosure.
NRS 40.070 - Damages may be recovered for injury to possession after sale and before delivery.
NRS 40.080 - Action not to be prejudiced by alienation pending suit.
NRS 40.110 - Court to hear case; must not enter judgment by default; effect of final judgment.
NRS 40.120 - Remedy is cumulative.
NRS 40.130 - Adverse action on mining claim.
NRS 40.140 - Nuisance defined; action for abatement and damages; exceptions.
NRS 40.150 - Action for waste; judgment may be for treble damages.
NRS 40.160 - Action for trespass for cutting or carrying away trees or wood; treble damages.
NRS 40.180 - Manner of working mine or mining claim; assessment of damages.
NRS 40.190 - Continuation of judgment lien.
NRS 40.220 - Entry to be made only when legal and in peaceable manner.
NRS 40.250 - Unlawful detainer: Possession after expiration of term.
NRS 40.2512 - Unlawful detainer: Possession after default in payment of rent; exception.
NRS 40.260 - Tenant of agricultural lands may hold over if not notified.
NRS 40.270 - Tenant has similar remedies against subtenant.
NRS 40.290 - Parties defendant; persons bound by judgment.
NRS 40.310 - Issue of fact to be tried by jury if proper demand made.
NRS 40.320 - Proof required of plaintiff and defendant on trial.
NRS 40.330 - Amendment of complaint to conform to proof; continuance.
NRS 40.350 - Trial not to be adjourned when plaintiff admits evidence in affidavit would be given.
NRS 40.360 - Judgment; damages; execution and enforcement.
NRS 40.370 - Verification of complaint and answer.
NRS 40.380 - Provisions governing appeals.
NRS 40.390 - Appellate court not to dismiss or quash proceedings for want of form.
NRS 40.400 - Rules of practice.
NRS 40.420 - Form of writ of restitution; execution.
NRS 40.425 - Notice of execution on writ of restitution.
NRS 40.427 - "Foreclosure sale" defined.
NRS 40.428 - Mortgage or other lien" defined.
NRS 40.429 - Sale in lieu of a foreclosure sale" defined.
NRS 40.439 - Limitations on foreclosure sales involving certain members of military or dependents.
NRS 40.4395 - Limitations on foreclosure sales involving shutdown.
NRS 40.440 - Disposition of proceeds of foreclosure sale.
NRS 40.450 - Proceedings when debt secured falls due at different times.
NRS 40.451 - "Indebtedness" defined.
NRS 40.457 - Hearing before award of deficiency judgment; appraisal of property sold.
NRS 40.459 - Limitations on amount of money judgment.
NRS 40.462 - Distribution of proceeds of foreclosure sale.
NRS 40.4636 - Limitations on amount of money judgment.
NRS 40.4638 - Circumstances under which action to enforce obligation is prohibited.
NRS 40.4639 - Period of limitation on commencement of civil action.
NRS 40.465 - "Indebtedness" defined.
NRS 40.485 - Interest in proceeds of secured indebtedness upon partial satisfaction of indebtedness.
NRS 40.502 - "Environmental provision" defined.
NRS 40.503 - "Environmentally impaired" defined.
NRS 40.504 - "Hazardous substance" defined.
NRS 40.505 - "Release" defined.
NRS 40.506 - "Secured lender" defined.
NRS 40.507 - Right of entry and inspection of real collateral.
NRS 40.508 - Action by secured lender concerning environmental provision.
NRS 40.511 - Exceptions to applicability of NRS 40.507 and 40.508.
NRS 40.515 - Petition, notice, hearing and order; alternative method of terminating interest.
NRS 40.525 - Petition; notice; hearing and order; alternative method.
NRS 40.535 - Affidavit or petition may be filed in probate proceeding.
NRS 40.603 - "Amend a complaint to add a cause of action for a constructional defect" defined.
NRS 40.605 - "Appurtenance" defined.
NRS 40.607 - "Builder’s warranty" defined.
NRS 40.610 - "Claimant" defined.
NRS 40.615 - "Constructional defect" defined.
NRS 40.620 - "Contractor" defined.
NRS 40.623 - "Design professional" defined.
NRS 40.630 - "Residence" defined.
NRS 40.632 - "Subcontractor" defined.
NRS 40.634 - "Supplier" defined.
NRS 40.635 - Applicability; effect on other defenses.
NRS 40.640 - Liability of contractor.
NRS 40.649 - Notice of defect may be presented to insurer; duties of insurer.
NRS 40.652 - Offer of judgment.
NRS 40.655 - Limitation on recovery.
NRS 40.660 - Nonacceptance of offer of settlement deemed rejection.
NRS 40.665 - Settlement by repurchase; certain offers of settlement deemed reasonable.
NRS 40.675 - Inspection of repairs.
NRS 40.681 - Premediation discovery.
NRS 40.684 - Duties of insurer with respect to settlement conference.
NRS 40.6882 - Complainant" defined.
NRS 40.6885 - Effect of compliance with or failure to comply with NRS 40.6884.
NRS 40.692 - Notice not required to be given to intervener in action.
NRS 40.695 - Tolling of statutes of limitation or repose; applicability.